Legal terrorism

Legal terrorism

Legal Terrorism implies the use or threat of use of legal proceedings by the perpetrator against an individual/group to force them to carry out their desired agenda.

This term gained wide currency in India with the Indian Supreme Court's verdict in 2005 in "Sushil Kumar Sharma Vs. Union of India" (UOI) and Ors case on Jul 19 2005. In the course of delivering its judgment the court observed that the misuse of anti-dowry provisions with oblique motives have the potential to unleash a "Legal Terrorism" and that the provisions are intended to be used as a shield and not an assassin's weapon. In the course of the judgment the court has also recognized the impact of this "Legal Terrorism" on the accused. It acknowledges that acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial and sometimes adverse media coverage adds to the misery.

This has since become a defining phrase for highlighting the misuse of laws such as 498a and Domestic Violence Act

ee also

* Chilling effect
* Spamigation

References

*http://supremecourtofindia.nic.in/ ((Case No: Writ Petition (C) No. 141 of 2005)


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